Mahadeo Krushnaji Mane v. Nivrutti Rambhau Dhabekar and Others
Case brief
What is this about?
Second appeal against confirmation of a lower decree granting permanent injunction. The Single Judge held no substantial question of law existed regarding title disputes or property description claims, quashing the defendant's new arguments based on prior res judicata findings.
What did the court decide?
The second appeal is disposed of as not admitted; the impugned judgment and decree are affirmed.
What the court decided
SA_358_17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SECOND APPEAL NO.358 OF 2017
Mahadeo s/o Krushnaji Mane
… APPELLANT
Versus
Nivrutti s/o Rambhau Dhabekar and others
… RESPONDENTS
Mr. Amit. A. Mukhedkar, Advocate for appellant. Mr. S.S. Wakure, Advocate for respondent Nos.1 to 4, 5-A to 5-C, 6, 7, 8-A to 8-C.
CORAM : SMT. VIBHA KANKANWADI, J. DATE : 19th September, 2019.
ORDER :
. Present appeal has been filed by original defendant
challenging the judgment and decree passed in Regular Civil Appeal No.115 of 2016 by learned District Judge-2, Osmanabad dated 20-02-2017,
Issues for consideration
3 issues framed by the court
Whether substantial question of law arose to interfere with the concurrent findings of fact regarding title and possession of the suit property.
Whether the appellate courts erred in not considering the claim regarding lack of proper description of property under Order VII Rule 3 CPC.
Whether the defendant's claim of lack of title by his brothers was barred by res judicata.
Parties & counsel
- appellant
Mahadeo s/o Krushnaji Mane
- respondent
Nivrutti s/o Rambhau Dhabekar
Coram
Vibha Kankanwadi
Case details
As recorded by the court registry
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